Work health and safety act 2011 no 10 contents page 6 meaning of supply 7 7 meaning of worker 8 8 meaning of workplace 9 9 examples and notes 9 division 4 application of act 10 act binds the crown 9 11 extraterritorial application 9 12 scope 9 12a offences are offences of strict liability 9 part 2 health and safety duties. Work health and safety legislation the basics youtube. This guide provides an overview for the rural industry about the queensland work health and act 2011 whs act. Notice of that approval was published in the nsw government gazette referring to this code of practice as. Work health and safety act 2011 sect 28 duties of workers 28 duties of workers. Toomas annotated work health and safety act 2011 second edition equips practitioners and whs professionals with the material required to understand and implement compliant whs strategies, and to litigate on whs issues in the courtroom. Under section 274 of the work health and safety act 2011 the act, and being satisfied that this code of practice was developed by a process described in s274 2 of the act, i approve the act work health and safety managing the work environment and facilities code of practice 2011. The academy is also committed to injury management aimed at the early, safe and sustained return to work of injured employees. Work health and safety act 2011 no 10 contents page historical version for 7. The whs act 2011 nsw and whs act 2011 act are part of a harmonized national framework that outlines our responsibilities as a persons conducting business or undertaking pcbu. Under the work health and safety whs laws, effective from 1 january 2012, the term employers was replaced by persons conducting a business or undertaking pcbu and employees was replaced by workers who should read this. Petroleum offshore act 1982 for the assessment and recovery of royalties petroleum onshore act 1991 for the. The fair work act 2009 fw act and the fair work regulations 2009 are the main legislation we deal with.
Work health and safety act 2011 whs act imposes several obligations on duty holders to ensure the health and safety of workers and others. Whs act work health and safety regulation 2017 whs. Whs regulation means the work health and safety regulation 2017 nsw. Emergency planning for mines is an approved code of practice under section 274 of the work health and safety act 2011 whs act. Provisional improvement notice pin whs act 2011 nsw. For further information about new south wales whs laws, see the. The work health and safety act 2011 came into effect on 1 january 2012 and the work health and safety regulation 2017 commenced on 1 september 2017 the whs legislation applies to all workplaces in nsw, including mines. Amendments to the work health and safety act 2011 whs act and work health and safety regulation 2017 whs regulation came into effect on 1 july 2019 the whs act was amended to include provisions from the rural workers accommodation act 1969, which was repealed on 1 july 2019 whs regulation amendments were made to increase fees and to better align with the model work health. Work health and safety act 2011 table of provisions long title part 1preliminary division 1introduction 1. Guide to interpretation of principal contractor and roads. An act relating to work health and safety, and for related purposes administered by. Office and published on the nsw legislation website. The current version, dated 9 december 2019, includes all amendments made since 2011.
The whs act aims to secure the health and safety of workers and workplaces through the elimination or minimisation of risks, so as to provide workers and. What health and safety legislation applies to mines. Overview of the whs act and regulations australian business. The aim of the whs audit tool is to provide a consistent and effective approach for the. Volunteer organisations and subcontractors engaged by the volunteer organisation to perform work on councils premises or workplaces are required to comply with the work health and safety act 2011, and councils work health and safety policy and procedures. A new tax law was passed by congress in december 2017 tax cuts and. The whs legislation applies to all workplaces in nsw, including mines. An act relating to work health and safety, and for related purposes. Meaning of person conducting a business or undertaking 6. Land tax act 1956 nsw landlord and tenant regulation 2015 nsw. Faqs on the introduction of the work health and safety act 2011. Work health and safety regulation 2011 act legislation register.
An act to provide comprehensively for work health and safety, to provide for a new definition of asbestos in particular legislation and for a work health and safety levy, to amend other legislation as a consequence, and to amend the workers compensation and rehabilitation act 2003 for particular purposes. Legislation on the nsw legislation website is usually updated within 3 working days. Work health and safety act 2011 queensland legislation. Mex010 legislation audit tool nsw resources and energy.
View a nonexhaustive list of legislation which affects real estate agents, stock and. Sample chapter toomas annot whs act 2011 nsw 2e pdf 153699. Act legislation 66 articles the principal whs law in the australian capital territory act consists of the work health and safety act 2011 act, supported by the work health and safety regulation 2011 act. Work health and safety confined spaces code of practice. On occasion, a whs concern or issue may arise in the workplace. To assist readers, crossreferences to specific sections of the whs act are provided.
While at work, a worker must a take reasonable care for his or her own health and safety, and b take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, and. Works means any project works carried out on the premises by sydney metro or its. Model work health and safety act safe work australia. On 26 november 2015, a worker was performing a pressure test on the surface of the mine on a length of plastic pipe that had been reclaimed from the underground longwall panel. Work health and safety act 2011 no 10 nsw contents page historical version valid from 1. A guide for public officers and office bearers of nsw incorporated. Find out work health and safety whs legal requirements that apply to your business.
Overview of bill the object of this bill is to amend the work health and safety act 2011 whs act, the mine health and safety act 2004 and the coal mine health and. The work health and safety act 2011 nsw the act provides a framework to protect the health, safety and welfare of all workers and others in relation to nsw workplaces and work activities. He is the author of sherriffs work health and safety law guide 2011, an honorary. Work health and safety act 2011 sect 28 duties of workers. Toomas annotated work health and safety act 2011 second. The legislative reforms also include harmonised regulation whs regulation and codes of practice. Work health and safety act 2011 sect 19 primary duty of care 19 primary duty of care 1 a person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of. Jul 31, 2018 an act relating to work health and safety, and for related purposes. Work health and safety act 2011 sect 19 primary duty of care. Contractor and sub contractor whs questionnairestatement regarding workers compensation, payroll tax and remuneration note 1 the work health and safety act 2011 and associated regulation require that council provide a safe workplace for council employees contractors and their employees sub contractors and their employees volunteers. In nsw this legislation is the nsw work health and safety act 2011 whs act. State and territory governments regulate and enforce the whs laws in their jurisdiction.
The work health and safety act 2011 came into effect on 1 january 2012 and the work health and safety regulation 2017 commenced on 1 september 2017. New south wales work health and safety act 2011 no 10 status information currency of version historical version for 7 june 2011 to 27 november 2011 generated 6 december 2011 at. Amendments to the model whs laws do not automatically apply in a jurisdiction. Authorised by the act parliamentary counselalso accessible at. Are any other provisions needed for the whs inspector and nsw police to cooperate and obtain information about a suspected whs breach via a search warrant. As authorised by section 216 of the work health and safety act 2011 whs act, i, lee. It is designed to help people generally understand their health and safety duties and rights at work. New south wales work health and safety legislation amendment bill 2011 b201107220. Despite australia having legislation making sexual harassment unlawful. Contractor and sub contractor whs questionnairestatement. Notices are always in writing, even when an inspector has already given a facetoface direction. Work health and safety act 2011 discussion paper november 2016. Mar 11, 2020 the model work health and safety whs act has been amended since its publication in 2011. Work health and safety managing the work environment and.
The work health and safety act 2011 replaced the occupational health and safety act 2000. This can be an issue that affects a single worker or something that may affect many workers, even across work groups. Did the whs act replace the coal mine health and safety act 2002 cmhs. The terms pcbu refers to the employer and would be considered the church.
Section 255 proceedings for contravention of whs civil penalty provisions. Collectively these acts and regulations are referred to as work health and safety laws, abbreviated to whs laws. Work health and safety act 2011 nsw resources and energy. Work health and safety act 2011 table of provisions long title part 1preliminary division 1. Everyone in the departments workplaces has a responsibility for health and safety under the work health and safety act 2011. It is designed to help people understand their health and safety duties and rights in the workplace. Do you have a manufactured stone benchtop fabrication business. Whs legislation means legislation relating to health and safety at work including. Responsible minister minister for better regulation and innovation authorisation this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is correct under section 45c of the interpretation act 1987. This includes the health and safety of anyone who does work for you as well as your customers, visitors and suppliers. However it is not intended to be read in place of the whs act. The new south wales nsw government is committed to making nsw the easiest state to start a business. Whs act means the work health and safety act 2011 nsw.
The australian taxation office ato publishes a wide range of information. The legislation can be found on the nsw legislation website. Executive summary the nsw work health and safety act 2011 the whs act commenced operation on 1 january 2012. Safety whs procedures in the massage therapy clinical setting. This document focuses on the duties owed to workers in whs. Responsibilities a management management is responsible for providing and maintaining.
Whs laws means the work health and safety act 2011 nsw whs act, work health and safety regulation 2011 nsw whs regulation. Policies and associated legislation abuse and neglect advocacy. Faqs on the introduction of the work health and safety act. Object division 3interpretation subdivision 1definitions 4. This webinar is a general overview of the work health and safety legislation and how it applies to your business. Employees are required to comply and cooperate with any reasonable instruction from their employer in relation to whs matters as stated under section 28 of the act. The pipes were to be reinstalled and used in longwall development. Notice of that approval was published in the nsw government gazette referring to this code of practice as hazardous manual tasks page 7194 on friday 16 december 2011. In addition to this whs pack, sole traders small contractors should refer to their responsibilities as set out under the work health and safety act 2011, the work health and safety regulations 2011, the workers compensation act 1987, the workplace injury management and workers compensation act 1998 and workers compensation regulation 2010. Payroll tax rebate scheme disability employment act 2011 act has been repealed payroll tax rebate scheme jobs action plan act 2011. Work health and safety act 2011 whs act work health and safety regulation 2017 whs regulation manufactured stone. Contravention of a whs civil penalty provision is not an offence. Safe work australia does not regulate or enforce whs laws. Work health and safety act 2011 no 10 nsw legislation.
This will be achieved by creating a businessfriendly environment for nsw entrepreneurs, by reducing. Work health and safety act 2011 whs principal act applying to all workplaces 2. Prior to enactment legislation is known as a bill and following. The work health and safety regulation 2011 replaced the occupational health and safety regulation 2001. Works means any works carried out on the premises by tfnsw or its contractors. Work health and safety act 2011 current as at 29 october 20 warningsome provisions of this legislation are not in operation. Works means the whole of the works and services that are to be performed and completed under the agreement, including any approved amendments and variations. Guide to the work health and safety act 2011 queensland. New south wales work health and safety regulation 2011 under the work health and safety act 2011 this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website. Work health and safety act 2011 page 8 146 whs entry permit holder must not delay, hinder or obstruct any person. A safework nsw notice, and any directions included in it, must be complied with. Whs undertaking means an undertaking given under section 216 1. There are three acts and their supporting regulations which apply to mines. This guide provides an overview of the queensland work health and safety act 2011 whs act.
The references to legal requirements contained in the whs act and regulations, and the whs mines act and regulations are not exhaustive and are included for context only. Ai act refers to the associations incorporation act 2009 nsw. Whs entry permit holders whs entry permit holders august 2011 entry to inquire into suspected contraventions page 1 whs act s117 a whs entry permit holder may enter a workplace for the purpose of inquiring into a suspected contravention of whs act that relates to, or affects, a relevant worker. Presently many of the codes of practice are still being finalised. While the department has the primary duty of care, all employees have responsibilities while undertaking their duties to follow reasonable instructions and lawful directions in. Resolving a whs issue section 80 of the nsw whs act 2011 the act details requirements on all parties to resolve an identified whs issue. Work health and safety act 2011 act legislation register. Work health and safety act 2011 federal register of. This new work health and safety legislation for nsw mining operations assists in securing the objects of the. Local versions of this guide may also be available at each work health and safety regulators website.
Policy on work health and safety page 4 of 7 all workers must take reasonable care for the safety of themselves and others in the workplace. Record of consultation prohibition of discriminatory conduct whs act, section 104 1 a person must not engage in discriminatory conduct for a prohibited reason. Work health and safety act 2011 whs act work health and safety regulation 2017 whs regulation. The model whs laws were developed in 20092011 following a comprehensive and independent. In addition to the whs laws, there are also model codes of practice which provide support and guidance on different issues in work health and safety. A large number of acts and regulations impact the property industry in nsw. Each state will administer and regulate its own whs act and as such workcover nsw will remain the. Under s 255, the local court or the district court has jurisdiction to determine contraventions of a whs civil penalty provisions as identified in the act. Work health and safety legislation amendment bill 2011. It is designed to help people generally understand their health and safety duties and rights.
Safe work australia develops policy for work health and safety and workers compensation helping to improve whs across australia. This fact sheet should be read by pcbus, officers and workers. Work health and safety regulation 2011 nsw legislation. Act work health and safety act 2011 nsw regulation work health and safety regulation 2017 nsw codes nsw codes of practice.